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State v. Victoriano Avila Serna
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*1 Before GRATTON, Chief Judge; HUSKEY, Judge;

and LORELLO, Judge

________________________________________________

PER CURIAM

Victoriano Avila Serna pled guilty to felony driving under the influence. I.C. §§ 18- 8004(1)(a) and 18-8005(6). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Serna to a unified term of ten years, with a minimum period of confinement of five years. Serna filed an I.C.R. 35 motion, which the district court denied. Serna appeals.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well established and

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need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117-18, 822 P.2d 1011, 1014- 15 (Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idaho 722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion.

Therefore, Serna’s judgment of conviction and sentence are affirmed.

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Case Details

Case Name: State v. Victoriano Avila Serna
Court Name: Idaho Court of Appeals
Date Published: Jan 5, 2018
Court Abbreviation: Idaho Ct. App.
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